PORT SHELDON, MI -- A new ordinance in Port Sheldon Township will give farmers the ability to build migrant worker housing, but some critics don't like some aspects of the new regulation.

The ordinance should clear the way for blueberry grower Carl Nelson to build a house he requested in 2011 for up to 17 migrant workers on property at 9021 160th Ave.

Nelson’s special-use request for the housing created a local controversy last winter when an anonymous flyer was circulated through the township that claimed the migrant workers living there might have criminal records, be unruly and a threat to women, children and the elderly in the area.

The new ordinance, though, is being questioned by the leader of the Lakeshore Ethnic Diversity Alliance who is questioning the regulation’s requirements, which includes an Apr. 1 to Nov. 15 time period for occupancy of migrant dwellings.

Also being questioned by the Alliance Executive Director Gail Harrison is a new requirement that the “size and character” of the dwelling be generally compatible with existing residential areas.

“That’s extremely subjective and could be open to interpretation and potential bias,” said Harrison, noting that parts of the township have large, expensive homes in agricultural areas.

Harrison said she only received the new ordinance -- approved July 18 -- Wednesday at the Township’s Planning Commission and would need time to review the new ordinance completely.

“There are sections of the ordinance that jump out as detrimental to the ability of local farmers to attract and employee migrant workers. As a region, agriculture is an important part of our economy and putting limitations that restrict farming could be very detrimental,” Harrison said.

She pointed out for example that the migrant workers in the nursery business come to work in early March and leave in late November, which doesn't match the dates set by the ordinance.

The Township Board decided to review the township policy on migrant housing after the local flap produced by Nelson’s special-use request. The new ordinance no longer requires the special-use permit approval by the township Planning Commission.

It puts in place 10 other requirements, including a site plan submission for the dwelling and a requirement that the migrant housing be on at least 10 acres used for agriculture.

The Port Sheldon Planning Commission is expected to consider a site plan submission from Nelson at its Sept. 26.